http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/index.html LawInfo - Legal Resource Center offers free New Mexico Labor and Employment legal forms and free New Mexico Labor and Employment legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/are-certain-occupations-prohibited-for-minors.html <p>Yes, there are prohibited occupations for minors ages 14 and 15, and there are hazardous occupations for minors age 16 and 17.<p><u>PROHIBITED OCCUPATIONS FOR MINORS AGES 14 and 15</u> Occupations involving; mining, manufacturing, processing including laundry and dry cleaning, duties is workrooms, public messenger service, hoisting apparatus' or any power driven machinery, power driven mowers/cutters, the use of auto pits, racks lifting apparatus'. Occupations in connection with; transportation or persons or property, warehousing/storage, communications, public utilities, and construction. Occupations in retail food and gas service establishments; work in boiler/engine rooms, maintenance/repair of machines and equipment, outside window washing, cooking and baking, operating, setting up, adjusting, cleaning, oiling or repairing power&shy;driven food slicers, grinders choppers and mixers, work in freezers/coolers, loading and unloading goods.<p><u>HAZARDOUS OCCUPATIONS FOR MINORS AGE 16 and 17</u> Occupations involving or in connection with; explosives, motor&shy;vehicle drivers, mining, logging including sawmill, power&shy;driven wood working machinery, radioactive substances, hoisting apparatus', elevators, cranes derricks, hoists, and high&shy;lift trucks, metal forming/punching/shearing machines, slaughtering/meat packing, power driven bakery machines, paper product machines, manufacture of brick, tile and kindred products, circular saws, band saws, and guillotine shears, wrecking, demolition, and ship breaking, roofing occupations and excavation operations. New Mexico Labor and Employment FAQs Thu, 24 Apr 2008 17:57:50 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/are-there-restrictions-on-the-hours-a-minor-m.html <p>Students 14 and 15 years of age may NOT be employed:<ul><li>during school hours, except as provided for in work experience and career exploration programs. <li>before 7:00 a.m. or after 7:00 p.m. except from June 1 through Labor Day when evening hours are extended to 9:00 p.m. <li>more than 3 hours a day on a school day. <li>more than 18 hours a week in a school week. <li>more than 8 hours a day on a non&shy;school day.</ul> <p>There are no hour or time restrictions for students 16 years of age or over. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/as-an-employer-how-do-i-establish-a-tax-accou.html <p>You must inform the Division within ten days after beginning a business and request a status report: <a href="http://www.dol.state.nm.us/Es802.pdf">ES 802 Status Report</a>. The status report, a report to determine liability, must be filed with the Division within thirty days from the commencement of the business even if the employing unit or business entity does not have employees performing services subject to coverage under the Act. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/can-an-employer-give-compensatory-time-off-ra.html <p>No. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/can-an-employer-reduce-an-employees-wage-or-s.html <p>Yes. The employer may reduce an employee's wages, but must advise the employee of the new lower rate before the hours are worked. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/can-an-employer-require-an-employee-to-work-o.html <p>Yes. An employer can require an employee to work overtime but must pay the rate of time&shy;and&shy;a&shy;half the regular rate of the employee's pay for over 40 hours in a seven&shy;day period.<p>Those exempt from overtime include employees engaged in the ginning of cotton, agriculture, professional, administrative, executive and outside sales. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/does-an-employer-have-to-pay-holiday-vacation.html <p>No. There is no statute that requires an employer to pay such wages. New Mexico Labor and Employment FAQs Fri, 30 May 2008 03:26:31 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/does-an-employer-have-to-provide-lunch-breaks.html <p>No. There is no statute that requires an employer to provide such breaks; however, deductions cannot be made from wages if less than 30 minutes is allowed for the breaks. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/how-do-i-file-a-claim-for-unemployment.html <p>To file a claim, go to your Department of Labor local workforce development center. Bring your social security card and the names and addresses of the places you worked during the past 18 months. Also, bring separation papers from your last employer, if available. You may download the claim form below.<a href="http://www.dol.state.nm.us/ES_400.pdf">Claim for Unemployment Benefits</a> New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/how-do-i-file-quarterly-wage-reports-and-pay.html <p>Employers are required to submit a quarterly wage report (Form ES&shy;903A) listing wages paid to all workers and pay a tax at the rate applicable to that particular account. The wage report and payment are due on or before the end of the month following the close of each calendar quarter. Liable employers registered with the Employment Security Division are mailed an annual packet of forms for filing each quarterly wage report. Forms may also be obtained upon request.<p>Employers who have to report 250 or more employees in any calendar quarter must file their quarterly wage report on magnetic media using a format prescribed by the Department. Employers with less than 250 employees are encouraged to use magnetic media reporting. For information regarding procedures and format please call 841&shy;8568 and/or refer to <a href="http://www.dol.state.nm.us/magneticMedia.pdf">Employers' Guide on Magnetic Media .</a><a href="http://www.dol.state.nm.us/nmdolfrm.htm#tax">CLICK HERE</a> to view and download unemployment tax forms. New Mexico Labor and Employment FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/how-much-will-i-receive-in-unemployment-benef.html <p>Your benefit amount is based on your earnings during the base period. Presently, the maximum allowable benefit per week is $277 and the minimum is $50. The maximum amount payable on any claim is 26 times your weekly benefit amount, sometimes less, depending on total amount of wages earned during your base period. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/how-often-must-an-employer-pay-employees.html <p>An employer must establish paydays at least every 16 days. There are exemptions for teachers, exempt employees and workers under contract. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/if-i-have-a-separation-issue-on-my-claim-what.html <p>You and your employer will be asked to describe the circumstances surrounding your separation. Based on the information provided, a claims adjudicator will issue a decision in accordance with the New Mexico UI law. You will receive a written determination within approximately four weeks from your date of claim. If you are denied benefits and you do not agree, you may appeal the decision within 15 days from the date of determination. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/if-i-was-fired-or-quit-my-job-can-i-collect-b.html <p>Only if it is determined you were not fired for misconduct connected with your work, or if you can prove your reason for quitting was due to an unresolved work&shy;related problem caused by the employer. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/is-a-work-permit-required-for-minors.html <p>Work permit certificates are required for students under 16 years of age. Certificates may be issued by schools and representatives of the Labor and Industrial Division. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/what-are-the-basic-requirements-for-entry-int.html <p>Most programs require applicants to be at least 18 years of age and have proof of high school education by diploma or equivalency certificate. If you are interested in apprenticeship programs call 841&shy;8989 or 841&shy;8990. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/what-are-the-eligibility-requirements.html <p>You must be out of work through no fault of your own to be eligible for benefits. To receive continued benefits, you must be able, available and actively seeking work in order.<p>In New Mexico, your claim is based on wages you earned in a 12&shy;month period and never based on wages for the last three months prior to filing your claim. You must have wages in two different quarters of that 12&shy;month period. There are legal minimums that must be earned during this period, but generally, anyone who works five months will be monetarily eligible. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/what-can-i-do-to-receive-unpaid-wages.html <p>You may file a Wage Claim form with the Wage and Hour Bureau. Click here for more information. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/what-is-apprenticeship.html <p>Apprenticeship is a training method where a person works under a written agreement with or for master craftsmen in a craft of trade for a specified length of time in return for instruction. Work is required in the craft or trade along with classroom training. The apprentice is paid for the work in that craft or trade, but the required classroom training is provided to him or her for free. Pay usually starts at about half the journeyman's rate with full fringe benefit rates added. Most programs provide about 5% increases as the apprentice moves into the next period of training. Each training period lasts about six months (when full time employment is available). At the end of training, the apprentice usually takes an exam for a license in that trade or craft. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/what-is-the-human-rights-act.html <p>The Human Rights Act was enacted in 1969 to ensure that all New Mexicans are protected from discrimination in employment, housing, credit and public accommodation. The Human Rights Division was created under the New Mexico Department of Labor to enforce the Human Rights Act. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/what-is-the-taxable-wage-base.html <p>The Taxable Wage Base for the year 2003 is $16,600. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/what-is-the-unemployment-insurance-tax-rate-f.html <p>A new employer starts out with a rate of 2.7 percent and remains at that rate for a minimum of four years. After four years, each employer is given an experience rating which can cause a rate to increase or decrease. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/what-is-the-minimum-wage-in-new-mexico-.html <p>The minimum wage is $7.50 per hour for establishments under the jurisdiction of the State Minimum Wage Act, i.e. if the firm is a small employer not grossing $500,000 per year and not engaged in interstate commerce. Students are exempt from minimum wage if they work for an establishment that falls under state jurisdiction. The minimum wage is $5.15 per hour if the establishment grosses $500,000 a year or more, is engaged in interstate commerce or is a named industry under the Federal Fair Labor Standards Act. Some of the named industries are schools, hospitals, nursing homes, state, county or municipal governments. </p> <p>If the employee regularly receives $30.00 or more a month in tips, then the minimum wage is $2.13 per hour; however, the employee must receive at least enough tips to make the State minimum wage of $4.25 per hour or the Federal minimum wage of $5.15 per hour, which ever is applicable. </p> New Mexico Labor and Employment FAQs Thu, 24 Apr 2008 17:58:14 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/when-can-i-expect-to-receive-my-first-check.html <p>Provided you meet all the eligibility requirements, and you are out of work through no fault of your own, you can expect to receive your first check within one week from the time you mail your first certification. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/when-does-an-employer-become-liable-for-unemp.html <p>An employer becomes liable and must file quarterly wage reports and pay contributions if they fall under the following categories:<ol><li><b>NON&shy;AGRICULTURAL EMPLOYMENT&shy;&shy;</b>The total payroll for any calendar quarter for New Mexico employment is $450 or more, or if there are one or more persons (part&shy;time workers included) in employment in any part of the week in each of 20 weeks within a calendar year <li><b>AGRICULTURAL EMPLOYMENT&shy;&shy;</b>The total payroll for any calendar quarter for New Mexico employment is $20,000 or more, or if there are ten or more persons (part&shy;time workers included) in employment at any time in each of 20 weeks within a calendar year. <li><b>DOMESTIC EMPLOYMENT&shy;&shy;</b>The total payroll for any calendar quarter for New Mexico employment is $1000 or more. <li>The employer acquires the business from another employer who was subject to the Act at the time of the acquisition. <li>The employer is liable for the tax imposed under the Federal Unemployment Tax Act.</ol> New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/when-does-an-employer-have-to-pay-final-wages.html <p>If the wages owed are a fixed, the employer must pay such wages to the employee within 5 days of discharge. Task, piece, commission wages must be paid within 10 days of such discharge. When an employee quits, he or she must be paid on the next regularly scheduled payday. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/where-can-i-file-a-complaint-of-discriminatio.html <p>You may file a complaint of discrimination with the New Mexico Human Rights Division in person at 1596 Pacheco Street, Aspen Plaza, Suite 103, Santa Fe, New Mexico; or, by telephone at (505) 827&shy;6838 or statewide toll&shy;free at 1&shy;800&shy;566&shy;9471. <p>If you file a complaint with the division, you will be interviewed by an intake officer who will obtain as much information from you as possible to frame a charge and an affidavit. The charge is then mailed to the person who allegedly discriminated against you. The Respondent is requested to respond to the charge and to submit necessary information. The complaining party is given a copy of the response and is requested to submit a rebuttal. Witnesses are then contacted and an on&shy;site visit may be required. The investigator then submits the file along with a summary to the director who then reviews the file and issues a determination of probable cause or no probable cause. If there is a probable cause finding, the case is scheduled for a hearing before the Human Rights Commission. If there is a no probable cause finding, the case is dismissed and the party can appeal the determination to district court. By law the investigation must be completed and a determination or a hearing issued within 365 days from the filing date. <p>The Human Rights Division has also adopted the Alternative Dispute Resolution Program to attempt to resolve discrimination issues through mediation/conciliation. A resolution of a complaint through mediation is less costly because it can settle a case in a matter of weeks as opposed to a lengthy investigation. The ADR program is strictly voluntary and all parties must be willing to participate. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/New-Mexico/where-can-i-get-additional-information-on-une.html <p>You may call the touch&shy;tone phone <a href="http://www.dol.state.nm.us/dol_csl.html">Customer Service Line for Workers</a> or <a href="http://www.dol.state.nm.us/dol_cslemp.html">Customer Service Line for Employers</a> to find answers to your questions. New Mexico Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Age-Discrimination-in-Employment-Act-ADEA/New-Mexico/index.html Free Age Discrimination in Employment Act (ADEA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Americans-with-Disabilities-Act-ADA/New-Mexico/index.html Free Americans with Disabilities Act (ADA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Background-Checks/New-Mexico/index.html Free Background Checks FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Civil-Rights-Act-of-1964-Title-VII/New-Mexico/index.html Free Civil Rights Act of 1964 (Title VII) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Cobra/New-Mexico/index.html Free Cobra Insurance FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Disability-Law/New-Mexico/index.html Free Disability Law FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Drug-Tests/New-Mexico/index.html Free Drug Tests FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/EEO-1-Report/New-Mexico/index.html Free EEO-1 Report FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/EEOC-Violations-and-Investigation/New-Mexico/index.html Free EEOC Violations & Investigation FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Employee-Retirement-Income-Security-Act-ERISA/New-Mexico/index.html Free Employee Retirement Income Security Act (ERISA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/New-Mexico/index.html Free Employment Discrimination FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Fair-Labor-Standards-Act-FLSA/New-Mexico/index.html Free Fair Labor Standards Act (FLSA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Family-Medical-Leave-Act-FMLA/New-Mexico/index.html Free Family Medical Leave Act (FMLA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Management-Relations-Act-LMRA/New-Mexico/index.html Free Labor Management Relations Act (LMRA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Occupational-Safety-and-Health-Act-OSHA/New-Mexico/index.html Free Occupational Safety & Health Act (OSHA) FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Rehabilitation-Act-of-1973/New-Mexico/index.html Free Rehabilitation Act of 1973 FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Sexual-Harassment-HR/New-Mexico/index.html Free Sexual Harassment FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/Wages-and-Hours/New-Mexico/index.html Free Wages and Hours FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT http://resources.lawinfo.com/en/Legal-FAQs/WrongfulTermination/New-Mexico/index.html Free Wrongful Termination FAQs Labor and Employment Sub-categories Sun, 29 Nov 2009 16:02:02 GMT